News

Charges of Improper Sexual Contact with a Massage Therapy Client Dismissed

June 28, 2019

Adam Zenor and Laura Martino successfully represented a Des Moines massage therapist against his former client’s allegation of unethical conduct. On June 6, 2017, the Iowa Board of Massage Therapy found probable case to file a Notice of Hearing and Statement of Charges against the licensed professional, specifically charging him with “unethical conduct” by “engaging in […]


Hall and Erickson Succeed at Court of Appeals

June 25, 2019

In 1997, Plaintiff purchased an automobile insurance policy from client Liberty Mutual Insurance Company. At that time, plaintiff made the decision not to purchase underinsurance coverage. Subsequent to purchasing the policy, plaintiff was involved in an auto accident. After settling with the tortfeasor, plaintiff sought underinsured benefits from Liberty pursuant to Iowa Code section 516A.1, […]


Iowa Supreme Court Rules Third-Party Administrators Cannot Be Liable for Bad Faith Cause of Action

In a case pending in the United States District Court for Northern District of Iowa, the Iowa Supreme Court answered a certified question by federal district court Judge Mark Bennett regarding whether a Third-Party Administrator for workers’ compensation insurance carriers may not be held liable for bad faith causes of action brought by workers’ compensation […]


Iowa Supreme Court Holds Insurance Carriers Immune to Liability for Inspections

Six current or former employees of TPI Iowa, LLC, a wind blade manufacturing company located in Newton, Iowa, sued TPI’s workers’ compensation carrier, Insurance Company of the State of Pennsylvania (ICSOP), for failing to conduct, or negligently conducting, an insurance inspection at the company’s facility, which caused serious health problems. ICSOP resisted the Plaintiffs’ claims, […]


Mitchell Wins Defense Verdict

June 17, 2019

On January 25, 2019, Clark Mitchell obtained a defense verdict for his client.  Mitchell represented the defendant (a go-kart track) in the lawsuit.  The plaintiff was a patron of the go-kart track and was injured while driving her go-kart.  At trial, the plaintiff requested damages totaling $657,930.  The trial involved the legal issues of negligence, […]


ESTATE PLANNING FOR THE UNINITIATED

May 20, 2019

When one spouse stays hands-off on the finances, it’s easy to get caught off-guard by a death or illness. Here’s how to get up to speed. By Anne Tergesen Gary Altman, an estate-planning attorney in Rockville, Md., recently had a client turn to her brother-in-law to cover bills after her husband died. The client had […]


Change in Workers’ Compensation Claims for Idiopathic Falls

April 29, 2019

Iowa’s workers’ compensation law will be changing for idiopathic falls. This change will go into effect on July 1, 2019. Therefore, work injuries occurring on or after July 1, 2019, will be subject to the new law. Iowa Code Section 85.61(7) was amended to further define “personal injuries arising out of and in the course […]


Court of Appeals Decision Reminds Bailees That They Have a Duty to Care for Bailors’ Property While it is in Their Possession

Plaintiff and Defendant were business associates, who had an oral agreement regarding a salvage yard business. Plaintiff locked Defendant out of the business and filed suit for breach of an oral contract. Plaintiff also obtained a temporary injunction that prevented Defendant from returning to the business property, where many of Defendant’s tools, equipment, and inventory […]


A Divided Court of Appeals Reverses the District Court’s Denial of Summary Judgment in Dram Shop Case

March 29, 2019

On March 1, 2015, Brett Weichers (Plaintiff) was assaulted by two men who had consumed alcohol at several establishments, including Tony’s La Pizzeria (Defendant). Plaintiff filed a dram shop suit against Defendant (and two other bars) seeking damages for the injuries he sustained from the assault and alleging that Defendant ‘“sold and/or served beer, wine, […]


Court of Appeals Affirms Summary Judgment Against Unlicensed Public Adjuster

A hail and wind storm damaged Gregg Whigham’s home in March 2016. The home was insured by The Cincinnati Insurance Company (Cincinnati). After the storm, Gregg contracted 33 Carpenters Construction, Inc. (33 Carpenters) for the repair of his home. Per their agreement, 33 Carpenters would repair Gregg’s house and, in exchange, would receive the right […]